HomeMy WebLinkAbout819"Typewritten copy;7 pages; 21.7 x 28 cm;
Indenture of
Bargain and Sale
from
Christian Stouffer
to
Trustees for Menonist
Society
A memorial hereof is Recorded
in the Register office of the United
Counties of York, Ontario and Peel,
the 20th day of April 1852 at 2 P.M.
in Lib. 32 pages 339.340.341-
No. 44140.-
James Ridout
16/ Registrar
"
"Indenture 1
Whereas in and by a statute of
the Province of Upper Canada past in the
ninth year of the reign of King George the
fourth entitled an act for the relief of religious Societies
therein named, it is enacted that whenever any Re
ligious congregation, or Society of Presbyterians, Lutherans
Calvanists, Methodists, Congregationalists, Independents?
Anabaptists, Quakers, Menonists, Tunkers, and
Moravians, shall have occasion to take a conveyance
of land for the site of a church, meeting house or
chapel an a burying ground it shall and may
be lawful for them to appoint Trustees to whom
and their successors to be appointed in such man
ner as shall be specified in the deed, the requisite
land for all or any of the purposes aforesaid (not
exceeding five acres for any one congregation) be
conveyed and such Trustees and their successors
in perpetual succession, by the name expressed? in
such deed, shall be capable of Holding? and possessing
such land, and of commencing and maintaining,
any action or actions, in law, or equity, for the
protection thereof; and of their right thereto
And Whereas a religious congregations or soicity(sic)
of Menonists, have occasion to take such a deed
of a tract or parcel of land situate in the Town
ship of Pickering in the County of York in the
Province of Canada for the site of a church,
meeting house or chapel and burying ground
and have appointed Trustees, by the name of the
Trustees of the Menonist Society in Canada
meeting house
"
"Meeting house or chapel or burying ground
in the Township of Pickering aforesaid
Now this Indenture made the ninth
day of February in the year of our Lord one
thousand eight hundred and fifty Between
Christian Stouffer of the Township of Blenheim
in the County of Oxford in the Province
of Canada yeoman of the first part and
Martin Nighswander and Samuel Hoover of
the said Township of Pickering yeoman and
Abraham Stouffer of the Township of White—
in the county of York in the Province of Canada
yeoman of the second part Witnesseth(sic)
that the said Christian Stouffer for and
in consideration of the sum of five pounds
of good and lawful money of the Province
of Canada to him in hand paid by the said
Trustees before the sealing and delivery of these
presents the receipt whereof is hereby by him ac
knowledged(sic), hath given, granted, bargained and
sold, aliened, assigned, released, conveyed and
confirmed and by these presents doth give, grant,
bargain, sell, assign, release, convey and confirm
unto the said parties of the second part by
the name aforesaid of the Trustees of the Menonist
Society in Canada an meeting house or chapel
and burying ground in the Township of Pickering
and their successors to be appointed in the man
ner to be hereinafter specified, ass that certain
parcel or tract of land situate in the Township
of Pickering aforesaid containing by and measure
ment one area be the same more or less being
composed of part of the North half of lot num
ber thirty in the ninth concession of the said
Township of Pickering and may be known
and described as follows, that is to say com
mencing seventy five links from the North West
angle of said lot on the West limit of said lot,
Thence South sixteen degrees East-----chains:
more or less to a parcel of land belonging to George
Wightman of Toronto City Merchant: thence North
seventyfour Degrees East two chains seventy five links
thence North sixteen Degrees West three chains seven
ty five links more or less to the rear of said con-
cession: thence South seventy four Degrees West two
"
"chains: thence South sixteen Degrees East seventy
five links: thence South seventy four Degrees
West seventy five links more or less to the place
of beginning: To have and to hold the said parcel
or tract of land with the building or buildings
erected or to be erected thereon, and all the appen
tenances(sic) and privileges thereof to them the said par
ties of the second part as Trustees and their suc-
cessors in the said Trustee forever: for the site
of a church meetinghouse and burying ground
for the use of the members of the Society of Menonistos
"
"in Canada according to the rules and discipline
which now and or hereafter may be adapted by them
in Pickering in trust and confidence that the said
Trustees, for the time being shall at all times have
after permit any Menonist Minister or Preacher
or Ministers, or Preachers he, or they being a member
or members of the Society of Menonists and duly
authorized as such bay the proper authorities in
said Society of Menonists, to preach and perform
religious service in the said house and burial
service in the said burial ground according
to the rules and discipline of the said church,
and in further trust and confidence, that the
said Trustees for the time being may at their
discretion permit the regular Ministers or Preach-
ers of any other orthodox denomination of Prot-
estant Christians to preach or perform Public Re-
ligious service in said house when it shall
not be required for the use of the Minister
or Preacher of the said Society of Menonists;
in further trust and confidence also, that the
said Trustees and successors, shall
and may at their discretion, after applications
having being made to them for that purpose,
suffer and permit other persons, though not
members of the said Society of Menonists to be
buried in the said burying ground
And it is further declared that the full
number of the said Trustees shall continue
to be three and when one------shall die, or
cease to be a member of the Menonist Society
or shall remove at an inconvenient distance
from the said house or burying ground –
it may and shall be lawful for the members
of the said Society of Menonists to elect one
two or all Trustees according the rules
and discipline of said Society, he or they being
a member or members of the said Menonist
Society of at least twenty one years of age
and that the said congregation of
Menonists do meet at their Meeting house
aforesaid or at some other place in the neigh
bourhood annually on the first monday
in February in each year, and choose from
amongst their members three Trustees, the
same to be decided by the votes of the mem
"
"bers present, the chairman having a casting
vote And it shall and may be — to
relect the retiring Trustees, and those hav
ing the greatest number of votes of the mem
bers present are to be declared Trustees for
the ensuing year, and shall be the legal
successors of the above named Trustees
and shall have in perpetual successions
the same capacities, powers, rights and
duties, as are given to the above named Trus-
tees in and by this deed and the statute
aforesaid
and to
"
"And to the end that evidence of the due
nomination and appointment of succeeding
Trustees in the said trust may be preserved
it shall be the duty of the Trustees for the time
being to keep a book of record in which the
name or names, and date of appointment of
any person or persons nominated and appoint
ed, successor or successors, in the said trust
as aforesaid and also the names of those per
sons so nominating them shall be entered
and such entry subscribed by the chairman
of the meeting
In testimony whereof, the par
ties to these presents, have hereunto set their
hands and seals the day and year
above written
Signed Sealed and delivered in presence of
George Mortimore
Christian Stouffer
Martin Nighswander
Samuel Hoover
Abraham Stouffer
"